Terms of Use
ATX Group (ATX) maintains this site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video, without ATX's written permission. Your access to and use of the Site is also subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. If you have any questions about this Site or these Terms and Conditions, please contact us by e-mail at gwallace@atxg.com.
Compliance with Laws
By downloading from or using the Site, you agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
Governing Law
Any controversy or claim arising out of or relating to these Terms and Conditions, including the Online Privacy Notice (which is incorporated herein by reference), or this Site or the use thereof, shall be governed in all respects by the laws of the State of Texas, as such laws are applied to agreements and activities performed and taking place entirely within Texas between Texas residents, and any litigation, arbitration, or other dispute resolution proceedings shall take place in Dallas, Texas.
No Warranty
THIS SITE AND ALL MATERIAL AND CONTENT ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Without limiting the foregoing, ATX does not promise or warrant to you that any aspect of the Site and system will work properly or will be available continuously. ATX also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. While ATX uses reasonable efforts to include accurate and up-to-date information in the Site, ATX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS AND CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of Liability; Disclaimer
Your use of and browsing in the Site or linking to other sites are solely at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ATX OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS AND CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE, OR THE PROVISION OF PERSONAL DATA OR OTHER INFORMATION TO THIS SITE OR ANY SITE LINKED TO THIS SITE, EVEN IF ATX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so that limitation may not apply to you.
Privacy and Owner of Transmissions
The privacy of your personal information is important to ATX. The way in which we use and disclose any personal information about you that you transmit to the Site is described in ATX's Web Site Privacy Statement, which is incorporated herein by reference. Any other communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by ATX or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, ATX is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
Copyrights
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of ATX. ATX neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with ATX. The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of ATX's proprietary rights in them.
Graphics and Images
Images of people or places displayed on the Site are either the property of, or are used with permission by, ATX. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including, without limitation, ATX sm and OnGuard®, are registered and unregistered Trademarks of ATX and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of ATX or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that ATX will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Standards
You are prohibited from transmitting any information or providing any content that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, profane, false, threatening, child pornographic, or harmful to minors, (d) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or (e) is otherwise tortious or criminal. Subject to the foregoing, ATX believes that users should decide what information to transmit and what content to provide, and ATX does not generally make editorial determinations about your transmissions or any content you provide. However, ATX reserves the right to take any actions that it deems necessary or appropriate to minimize its liability arising from your transmissions or any content you provide, or to preserve its relationships with its service providers (including its Internet access providers). ATX will fully cooperate with any law enforcement authorities or court order requesting or directing ATX to disclose the identify of anyone posting any such information or content.
Access Limits
Without ATX's express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders, or scripts) or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
Termination
ATX may terminate your use of the Site immediately if (a) you breach these Terms and Conditions, (b) you repeatedly infringe upon the intellectual property rights of a third party, or (c) ATX is unable to verify any registration or contact information you provide.
Designated Agent
For purpose of the Digital Millennium Copyright Act, you may contact ATX's agent for receipt of notice of claims as follows:
Gary Wallace
ATX Group
8550 Freeport Parkway
Irving, Texas 75063-2547
Phone number: 972-753-6200
E-mail address: gwallace@atxg.com
Filtering
Parental control protections (such as computer hardware, software, and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information may be obtained from http://www.worldvillage.com/family/parental.html or other sources.
Right to Update
ATX may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.
